Case law
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Division and case type: High Court CriminalCriminal Appeal
…I have perused the notice of motion dated 3rd October 2024, the affidavit in support thereof and the enclosures therein and I do note that the Applicant was sentenced on 25.9.2024 in Maseno SPM Cr. Case No.…
…Given that the Applicant has miscomprehended his sentence, his appeal herein and this application are all premised upon the said miscomprehension of facts wherefore I do hereby summarily dismiss the appeal herein and the notice…
Division and case type: CriminalCriminal Appeal
…By notice of motion of the same date the appellant applied for leave to call additional evidence on the hearing of the appeal.…
…The Notice of Motion was supported by the affidavit of Kiraitu Murungi sworn on December 1, 1986.…
Division and case type: High Court DivCriminal Appeal
…Consequently, the said Advocates prepared and filed a Notice of Motion dated 18th June 2026, pursuant to Section 357(1) of the Criminal Procedure Code , seeking his admission to bail pending an appeal, annexed and marked…
…Consequently, there was no substantive appeal upon which the Notice of Motion dated 18th June 2026 could be legitimately based. 5.…
Division and case type: High Court DivCriminal Appeal
…The petition of appeal was followed by the application for stay vide the Notice of Motion dated 5th November 2025 anchored on Articles 50, 159[a] and 165[3][e][6] and [7] of the Constitution of Kenya 2010 and Section 354…
…The grounds for the application are set out in the body of the Notice of Motion upon which the Applicants pray for the following main orders: - 5.…
Division and case type: High Court DivCriminal Appeal
…Before this Court for determination is the Notice of Motion dated 17th February 2025 brought by the Appellant pursuant to Articles 25(c), 47, 48 and 50 of the Constitution, Sections 358 and 359 of the Criminal Procedure Code…
…Having considered the Notice of Motion, the supporting affidavit, the submissions by counsel, section 358 of the Criminal Procedure Code and the applicable authorities, I am satisfied that the Applicant has established sufficient…
Division and case type: High Court CriminalCriminal Appeal
…He now seeks to be admitted to bail pending appeal pursuant to section 357(1) of the Criminal Procedure Code as set out in the Notice of Motion dated 16th December 2025’ 3.…
…The Notice of Motion dated 16th December 2025 is considered and found to have no merit and it is hereby dismissed. 14.…
Division and case type: High Court DivCriminal Appeal
…Before this Court is a Notice of Motion application dated 14th February 2025, brought under certificate of urgency by the applicant, Morris Mutati Mutua.…
…I do make the following orders; a) The Notice of Motion dated 14th February 2025 is hereby struck out for being incompetent and for lack of jurisdiction. b) There shall be no order as to costs. It is so ordered.…
Division and case type: High Court CriminalCriminal Appeal
…The Appellant has moved the Court by the Notice of Motion dated 05th June 2026 brought under Article 50 of the Constitution and section 358 of the Criminal Procedure Code seeking leave to adduce additional evidence in this…
…Consequently, I find merit in the Notice of Motion dated 05th June 2026 and make the following orders: 1) Leave is hereby granted to the Appellant to adduce additional evidence in this appeal. 2) The Appellant shall, within…
Division and case type: High Court CriminalCriminal Appeal
…E142 0F 2023) RULING Preliminaries This Honourabe Court is called upon to determine the Notice of Motion filed in court on 11th June, 2024 is brought under Article 22(1) of the Constitution of Kenya.…
…On the face of Notice of Motion the sought leave of the Honourable Court to institute Court proceedings in respect of mitigation of appeal in CR. Appeal No. E088 of 2023 vide CR. No.…
Division and case type: High Court CriminalCriminal Appeal
…The applicant by way of a Notice of Motion dated 8 th November 2024 has moved this court for admission to Bail pending the hearing and determination of his appeal.…
…The Notice of motion is supported by an affidavit sworn by the applicant on 8 th November 2024 in which he states the following; “ THAT I was initially admitted to bail by the trial Court and I never jumped the same and I…
Division and case type: High Court CriminalCriminal Appeal
…Before this Court is the Applicant's Notice of Motion Application dated 27 th November 2024 seeking leave to lodge an appeal out of time against the judgment of the trial court delivered on 8th October 2024. 2.…
…Consequently, the Notice of Motion is merited. 19. Accordingly, leave is hereby granted to the Applicant to file and prosecute the appeal out of time. 20.…
Division and case type: High Court CriminalCriminal Appeal
…Before this Court is the Applicant's Notice of Motion Application dated 27 th November 2024 seeking leave to lodge an appeal out of time against the judgment of the trial court delivered on 8th October 2024. 2.…
…Consequently, the Notice of Motion is merited and allowed with no order as to costs 19. Accordingly, leave is hereby granted to the Applicant to file the appeal out of time. 20.…
Division and case type: High Court DivCriminal Appeal
…(iii) THAT the Applicant has filed a Notice of Motion under the Criminal Procedure Code seeking to be admitted to bail/bond pending appeal and/or stay of execution of the sentence pending the hearing and determination of…
…(ix) THAT it is in the interest of justice that the Applicant’s Notice of Motion for bail/bond pending appeal be heard and determined on priority basis. 3.…
Division and case type: High Court CriminalCriminal Appeal
…The Notice of Motion application dated 14th May 2024 was brought under Sections 124 and 357 of the Criminal Procedure Code Cap 75 Laws of Kenya, Articles 47, 48, 50, and 159 of the Constitution and inherent powers and jurisdiction…
…This court has considered the Notice of Motion Application dated 14th May 2024 and established that the issue for determination is whether the applicant has satisfied the court for grant of the order of bail pending appeal…
Division and case type: High Court CriminalCriminal Appeal
…The Appellants have approached this Court by a Notice of Motion dated 16th September 2025 seeking to be admitted to bail pending the hearing and determination of their appeal. 2.…
…Accordingly, the Court makes the following orders: 1) The Preliminary Objection dated 16th December 2025, is hereby marked as spent. 2) The Notice of Motion dated 16th September 2025 seeking bail pending appeal is hereby…
Division and case type: High Court DivCriminal Appeal
…This ruling is in respect of a Notice of Motion dated 4th February, 2026, filed by the Appellant during the pendency of a first appeal.…
…While the appeal is pending, he filed the present Notice of Motion, dated 4th February, 2026, which is expressed to be brought under Order 51 Rule 1 of the Civil Procedure Rules, section 358(1) of the Criminal Procedure Code…
Division and case type: High Court CriminalCriminal Appeal
…By way of Notice of Motion dated 23 rd July 2026 brought under Article 49(1)(h) of the Constitution of Kenya, Section 123 of the Criminal Procedure Code (Cap 75 Laws of Kenya), and all other enabling provisions of the law…
…Accordingly, the Notice of Motion dated 23 rd July 2026 is hereby dismissed. 28. To ensure that the substantive appeal progresses expeditiously, this matter shall be mentioned on 17 th September 2026 for directions. 29.…
Division and case type: High Court DivCriminal Appeal
….………………………...RESPONDENT RULING The court has perused the Notice of Motion seeking bail pending appeal and proceedings giving rise to the appeal.…
Division and case type: High Court DivCriminal Appeal
…I thus make the following directions :- The applicant’s Notice of motion dated 15.4.2025 be served within 24 hours from the date hereof and a response be filed within 3 days from the date hereof.…
Division and case type: High Court CriminalCriminal Appeal
…The Petitioner herein moved this Court by way of a Notice of Motion Court stamped as received by the Court on 22nd July 2021.…